Tuesday, March 13, 2012

Defending Child Pornography Charges

Welcome to the .......
Law Offices
of
Edward J. Chandler, P.A.
708 East Atlantic Boulevard    Telephone:  (954) 788-1355
Pompano Beach, Fl 33060    Facsimile:  (954) 788-1357
Call Today! 24/7
If You Have Been Arrested for a Crime or are being Investigated for A Suspected Criminal Action, you need legal advice and the assistance of an Experienced Criminal Defense Lawyer.

Call the Law Offices of Edward J. Chandler, P.A. to begin protecting your rights TODAY….
Phone (954) 788-1355 

Possession and Dissemination of Child Pornography

Most cases start with a search warrant and a seizure of equipment which may include computers, hard drives, flash drives, discs, TIVO systems, DVD players, MP3 players, IPODs and anything that can be used to store, view or play images or videos. Search warrants can be acquired when a person reports finding child pornography on a computer. The reporting person may be a family friend, a computer technician that worked on the computer or anyone who has direct or remote access to the system. In some cases, law enforcement personnel use downloaded peer to peer programs to search networked computers for files that include illegal contraband. Finally, police may find accounts and IP addresses when websites posting or promoting contraband images are shut down. Many of these sites, some which are hosted in foreign countries, charge users for access and retain records of users and/or their computer IP addresses.

First, and this is critical, NO ONE should make statements to police or outside persons or parties. That means no discussion with family or friends regarding the facts of the case. Nothing that is said is likely to be used by law enforcement for anything other than seeking inculpatory evidence to support criminal charges. Also remember, that law enforcement officers have no obligation to provide the truth when investigating offenses. Do not be baited. Under such pressure situations, person interviewed often are confused. They may make statements speculating about what “might have” occurred. Those speculative statements are often taken as statements of fact and used later as part of the criminal prosecution.
Second, you should hire counsel immediately. To a great degree, you will be in a waiting game for some time while computer forensics run program scans on the electronic equipment seized. Investigations may last many months to over a year. In the interim, it is important to start interviewing potential computer experts who will have specific knowledge related to the programs used or the caching systems of the various internet browsers.

Third, do not expect to get your computer equipment back in the short term. It will be quite some time before that occurs. As a result, if a computer is needed, you may wish to replace the equipment with appropriate safeguards to prevent any similar problems.

Possession of child pornography is a very serious offense. It should not be taken lightly. It can result in federal charges or state charges depending on the particular facts. It is a felony under Florida law. Dissemination of child pornography is an even more serious offense. A person who disseminates pornographic work to an adult or a minor, knowing or with reason to know its content and character, is guilty of a felony and may be sentenced to imprisonment. Moreover, a person convicted must provide a DNA sample and register as a sexual offender under the law.
Possession of child pornography is criminal. It also requires that the actor had an intent. That means the person charged must be proven to have the intent to possess the image(s) and that the person has reason to know of its true content and character.

There are many ways a person can acquire images on a computer which does not mean that they had the requisite intent or knowledge to possess the image. Computers may have many users. That means determining which user may have accessed, downloaded or disseminated contraband child pornography images may be a significant defense issue. Even a one time user of a computer may contaminate its hard drive or cache memory with contraband. That is particularly true for computer systems that share an internet connection such as wireless networks at home.
Additionally, files may also be downloaded blindly without knowing specifically about their content. For example, images may be downloaded by clicking on a link without first reviewing the content of the image being downloaded. This may occur with links found in Newsgroups or other internet settings. Images can also be downloaded in bulk where each image is not reviewed before the download. Two simple examples may be when a person downloads multiple images associated with a Zip file or by highlighting a series of links for download from file sharing programs such as Limewire, MP3 Rocket or Kazaa.
Third, several states have ruled that a person cannot be convicted of "possessing" child pornography based on merely viewing pornographic images a home computer.  When an image is viewed on a computer, that image is "cached" by the web browser. That means it may exist on the computer without the person ever making an attempt to download the image. Though the person may have been aware of what they were viewing, they may have been unaware that they were automatically downloaded and saved to his computer, and therefore, didn't "knowingly possess" the pornography as state law requires.
Fourth, charges of dissemination of child pornography require that the person has the intent to distribute the images to others. Often, such charges are brought against individuals using file sharing programs. The programs are enticing, offering free access to music, documents, movies and images. They are also free to download from any number of internet sites and essentially network any computers on the internet that download the same or similar programs. When these programs are placed on a computer, they include certain defaults. One of those defaults is to allow others with similar programs on remote computers to view and access data contained in a file designated for sharing on your computer. This is called a peer to peer system. Without knowing how the program defaults work, a person may easily disseminate contraband images without the requisite intent to do so.

Finally, search warrants that are used to seize computers and other equipment with electronic storage capacity may be flawed and unsupported by requisite probable cause. When probable cause is lacking for a warrant, any evidence taken as a result of that unconstitutional seizure may be suppressed and cannot be used at trial.


Attorney Edward J. Chandler has successfully represented numerous clients charged with criminal offenses throughout the State of Florida.  Edward J. Chandler  prides himself on aggressive representation with a personal touch. Armed with Federal and State legal knowledge and experience, he can build a winning defense. Edward J. Chandler, Esq. is accustomed to taking on the criminal justice system and achieving the best results for his clients. In addition to personally handling your case from investigation, arrest, bond hearing, arraignment, discovery and through jury trial, Edward J. Chandler, Esq. will be available to you during every step of the criminal procedure. Edward J. Chandler guarantees that you and your case will receive his undivided attention.

When your future is on the line…Call the Law Offices of Edward J. Chandler, P.A.  at (954) 788-1355  24/7 immediately! Your phone consultation is free and completely confidential.

Professional Organizations:


   * Florida Bar since 1991
    * Broward County Bar Association
    * Association of Trial Lawyers of America -ATLA
    * Federal Bar
    * Federal Court -Southern and Middle Districts of Florida
    * Supreme Court of United States
    * 4th District Court of  Appeals
    * 11th Circuit Court of Appeals
    * United States Tax Court


Welcome to the .......
Law Offices
of
Edward J. Chandler, P.A.
708 East Atlantic Boulevard    Telephone:  (954) 788-1355
Pompano Beach, Fl 33060    Facsimile:  (954) 788-1357
Call Today! 24/7

If You Have Been Arrested for a Crime or are being Investigated for A Suspected Criminal Action, you need legal advice and the assistance of an Experienced Criminal Defense Lawyer. Call the Law Offices of Edward J. Chandler, P.A. to begin protecting your rights TODAY….Phone (954) 788-1355

EDWARD J. CHANDLER, ESQ. represents clients in State and Federal criminal defense cases in the following areas:

  • Federal Criminal Trials
  • State Felony Trials
  • Drug Trafficking Cases
  • Conspiracy Cases
  • RICO Cases
  • Health Care Fraud
  • Bank Fraud
  • Money Laundering
  • Security Violations
  • IRS Violations


  • White Collar Crime
  • Asset Forfeiture
  • Grand Jury Representation
  • Business Fraud and Theft
  • Battery
  • DUI
  • Grand Theft
  • Battery on a LEO
  • Burglary
Attorney Chandler also represents individuals charged with criminal offenses including:

  1. DUI Driving under the influence
  2. BUI Boating under the influence
  3. Traffic Cases Driving with Suspended License
  4. Drug Cases prescription drugs, marijuana, cocaine
  5. Felonies and Misdemeanors
  6. Juvenile Delinquency Cases
  7. VOP’s Violations of Probation


Attorney Edward J. Chandler has successfully represented numerous clients charged with criminal offenses throughout the State of Florida.  Edward J. Chandler  prides himself on aggressive representation with a personal touch. Armed with Federal and State legal knowledge and experience, he can build a winning defense. Edward J. Chandler, Esq. is accustomed to taking on the criminal justice system and achieving the best results for his clients. In addition to personally handling your case from investigation, arrest, bond hearing, arraignment, discovery and through jury trial, Edward J. Chandler, Esq. will be available to you during every step of the criminal procedure. Edward J. Chandler guarantees that you and your case will receive his undivided attention.

When your future is on the line…Call the Law Offices of Edward J. Chandler, P.A.  at (954) 788-1355  24/7 immediately! Your phone consultation is free and completely confidential.

Professional Organizations:


   * Florida Bar since 1991
    * Broward County Bar Association
    * Association of Trial Lawyers of America -ATLA
    * Federal Bar
    * Federal Court -Southern and Middle Districts of Florida
    * Supreme Court of United States
    * 4th District Court of  Appeals
    * 11th Circuit Court of Appeals
    * United States Tax Court

Welcome to the .......
Law Offices
of
Edward J. Chandler, P.A.
708 East Atlantic Boulevard    Telephone:  (954) 788-1355
Pompano Beach, Fl 33060    Facsimile:  (954) 788-1357
Call Today! 24/7

If You Have Been Arrested for a Crime or are being Investigated for A Suspected Criminal Action, you need legal advice and the assistance of an Experienced Criminal Defense Lawyer. Call the Law Offices of Edward J. Chandler, P.A. to begin protecting your rights TODAY….Phone (954) 788-1355

EDWARD J. CHANDLER, ESQ. represents clients in State and Federal criminal defense cases in the following areas:

  • Federal Criminal Trials
  • State Felony Trials
  • Drug Trafficking Cases
  • Conspiracy Cases
  • RICO Cases
  • Health Care Fraud
  • Bank Fraud
  • Money Laundering
  • Security Violations
  • IRS Violations


  • White Collar Crime
  • Asset Forfeiture
  • Grand Jury Representation
  • Business Fraud and Theft
  • Battery
  • DUI
  • Grand Theft
  • Battery on a LEO
  • Burglary
Attorney Chandler also represents individuals charged with criminal offenses including:

  1. DUI Driving under the influence
  2. BUI Boating under the influence
  3. Traffic Cases Driving with Suspended License
  4. Drug Cases prescription drugs, marijuana, cocaine
  5. Felonies and Misdemeanors
  6. Juvenile Delinquency Cases
  7. VOP’s Violations of Probation

If You Have Been Arrested for a Crime or are being Investigated for A Suspected Criminal Action, you need legal advice and the assistance of an Experienced Criminal Defense Lawyer.

Call the Law Offices of Edward J. Chandler, P.A. to begin protecting your rights TODAY….

Phone (954) 788-1355


The information on this Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Note: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult with an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information until such time as an attorney-client relationship has been established. All information herein is subject to Florida Rules of Professional Conduct 4-7.2.
Phone (954) 788-1355


The information on this Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Note: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult with an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information until such time as an attorney-client relationship has been established. All information herein is subject to Florida Rules of Professional Conduct 4-7.2.
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Child Pornography Crimes - Arrested?

Welcome to the .......
Law Offices
of
Edward J. Chandler, P.A.
708 East Atlantic Boulevard    Telephone:  (954) 788-1355
Pompano Beach, Fl 33060    Facsimile:  (954) 788-1357
Call Today! 24/7

If You Have Been Arrested for a Crime or are being Investigated for A Suspected Criminal Action, you need legal advice and the assistance of an Experienced Criminal Defense Lawyer. Call the Law Offices of Edward J. Chandler, P.A. to begin protecting your rights TODAY….Phone (954) 788-1355

Child Pornography Crimes - Arrested?

What is considered child pornography:
Under federal law (18 U.S.C. §2256), child pornography is defined as any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where  
  • the production of the visual depiction involves the use of a minor engaging in sexually explicit conduct; or
  • the visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or
  • the visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.  
 Federal law (18 U.S.C. §1466A) also criminalizes knowingly producing, distributing, receiving, or possessing with intent to distribute, a visual depiction of any kind, including a drawing, cartoon, sculpture or painting, that
  • depicts a minor engaging in sexually explicit conduct and is obscene, or
  • depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex and such depiction lacks serious literary, artistic, political, or scientific value.
 Sexually explicit conduct is defined under federal law (18 U.S.C. §2256) as actual or simulated sexual intercourse (including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex), bestiality, masturbation, sadistic or masochistic abuse, or lascivious exhibition of the genitals or pubic area of any person.

Who Is a Minor according to the law?

For purposes of enforcing the federal law (18 U.S.C. §2256), “minor” is defined as a person under the age of 18.

Is possession Child Pornography a Crime?

Yes, it is a federal crime to knowingly possess, manufacture, distribute, or access with intent to view child pornography (18 U.S.C. §2252).  In addition, all 50 states and the District of Columbia have laws criminalizing the possession, manufacture, and distribution of child pornography.  As a result, a person who violates these laws may face federal and/or state charges.
Most child pornography charges being brought against people today relate to the use of the Internet and mobile phones. They usually involve some form of file sharing or picture download. With the explosion of explicit images online, it's quite possible to run afoul of child pornography laws without even trying.

Of course, possession of pornographic images of people under the age of 18 is not the only type of criminal charge you could face:
  • Manufacturers of child porn face the stiffest criminal penalties. This is often a federal sex crime with a mandatory minimum sentence.
  • Distribution of child pornography, by hosting images on a Web site or sending them by email, by phone, or by mail. Distributors of child porn are relentlessly investigated by the police and FBI. U.S. "distributors" or child porn website hosts of foreign-made child porn will find themselves facing serious charges.

The most common child porn charge is possession, usually of downloaded images on a computer.

Fighting Your Child Pornography Charges

Technology has drastically changed the way police collect evidence in child porn cases. Law enforcement agencies, even at the local level, have sophisticated technology they use to see who is viewing and distributing child pornography. Even if you try to delete the child pornography, the police or feds have a record showing you had it.

If you have been arrested for possession or distribution of child pornography, call attorney Edward Chandler at 9954) 788-1355 as soon as possible.

Welcome to the .......
Law Offices
of
Edward J. Chandler, P.A.
708 East Atlantic Boulevard    Telephone:  (954) 788-1355
Pompano Beach, Fl 33060    Facsimile:  (954) 788-1357
Call Today! 24/7

If You Have Been Arrested for a Crime or are being Investigated for A Suspected Criminal Action, you need legal advice and the assistance of an Experienced Criminal Defense Lawyer. Call the Law Offices of Edward J. Chandler, P.A. to begin protecting your rights TODAY….Phone (954) 788-1355

EDWARD J. CHANDLER, ESQ. represents clients in State and Federal criminal defense cases in the following areas:

  • Federal Criminal Trials
  • State Felony Trials
  • Drug Trafficking Cases
  • Conspiracy Cases
  • RICO Cases
  • Health Care Fraud
  • Bank Fraud
  • Money Laundering
  • Security Violations
  • IRS Violations


  • White Collar Crime
  • Asset Forfeiture
  • Grand Jury Representation
  • Business Fraud and Theft
  • Battery
  • DUI
  • Grand Theft
  • Battery on a LEO
  • Burglary
Attorney Chandler also represents individuals charged with criminal offenses including:

  1. DUI Driving under the influence
  2. BUI Boating under the influence
  3. Traffic Cases Driving with Suspended License
  4. Drug Cases prescription drugs, marijuana, cocaine
  5. Felonies and Misdemeanors
  6. Juvenile Delinquency Cases
  7. VOP’s Violations of Probation


Attorney Edward J. Chandler has successfully represented numerous clients charged with criminal offenses throughout the State of Florida.  Edward J. Chandler  prides himself on aggressive representation with a personal touch. Armed with Federal and State legal knowledge and experience, he can build a winning defense. Edward J. Chandler, Esq. is accustomed to taking on the criminal justice system and achieving the best results for his clients. In addition to personally handling your case from investigation, arrest, bond hearing, arraignment, discovery and through jury trial, Edward J. Chandler, Esq. will be available to you during every step of the criminal procedure. Edward J. Chandler guarantees that you and your case will receive his undivided attention.

When your future is on the line…Call the Law Offices of Edward J. Chandler, P.A.  at (954) 788-1355  24/7 immediately! Your phone consultation is free and completely confidential.

Professional Organizations:


   * Florida Bar since 1991
    * Broward County Bar Association
    * Association of Trial Lawyers of America -ATLA
    * Federal Bar
    * Federal Court -Southern and Middle Districts of Florida
    * Supreme Court of United States
    * 4th District Court of  Appeals
    * 11th Circuit Court of Appeals
    * United States Tax Court

Welcome to the .......
Law Offices
of
Edward J. Chandler, P.A.
708 East Atlantic Boulevard    Telephone:  (954) 788-1355
Pompano Beach, Fl 33060    Facsimile:  (954) 788-1357
Call Today! 24/7

If You Have Been Arrested for a Crime or are being Investigated for A Suspected Criminal Action, you need legal advice and the assistance of an Experienced Criminal Defense Lawyer. Call the Law Offices of Edward J. Chandler, P.A. to begin protecting your rights TODAY….Phone (954) 788-1355

EDWARD J. CHANDLER, ESQ. represents clients in State and Federal criminal defense cases in the following areas:

  • Federal Criminal Trials
  • State Felony Trials
  • Drug Trafficking Cases
  • Conspiracy Cases
  • RICO Cases
  • Health Care Fraud
  • Bank Fraud
  • Money Laundering
  • Security Violations
  • IRS Violations


  • White Collar Crime
  • Asset Forfeiture
  • Grand Jury Representation
  • Business Fraud and Theft
  • Battery
  • DUI
  • Grand Theft
  • Battery on a LEO
  • Burglary
Attorney Chandler also represents individuals charged with criminal offenses including:

  1. DUI Driving under the influence
  2. BUI Boating under the influence
  3. Traffic Cases Driving with Suspended License
  4. Drug Cases prescription drugs, marijuana, cocaine
  5. Felonies and Misdemeanors
  6. Juvenile Delinquency Cases
  7. VOP’s Violations of Probation

If You Have Been Arrested for a Crime or are being Investigated for A Suspected Criminal Action, you need legal advice and the assistance of an Experienced Criminal Defense Lawyer.

Call the Law Offices of Edward J. Chandler, P.A. to begin protecting your rights TODAY….

Phone (954) 788-1355


The information on this Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Note: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult with an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information until such time as an attorney-client relationship has been established. All information herein is subject to Florida Rules of Professional Conduct 4-7.2.
Phone (954) 788-1355


The information on this Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Note: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult with an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information until such time as an attorney-client relationship has been established. All information herein is subject to Florida Rules of Professional Conduct 4-7.2.
Posted by at No comments:
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